Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1002275
`09/16/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`AM GENERAL LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`09/15/2019
`
`105 NORTH NILES AVE.
`SOUTH BEND, IN 46617
`UNITED STATES
`
`CHARLENE M. KROGH/EVAN P. EVERIST
`DORSEY & WHITNEY LLP
`1400 WEWATTA STREET, SUITE 400
`DENVER, CO 80202-5549
`UNITED STATES
`docketing-dv@dorsey.com, krogh.charlene@dorsey.com, ever-
`ist.evan@dorsey.com
`303-629-3400
`
`Applicant Information
`
`Application No
`
`88222875
`
`Publication date
`
`03/19/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`09/16/2019
`
`Polaris Industries Inc.
`2100 Highway 55
`Medina, MN 55340
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`09/15/2019
`
`Goods/Services Affected by Opposition
`
`Class 012. First Use: 2015/11/17 First Use In Commerce: 2015/11/17
`All goods and services in the class are opposed, namely: Off-road, side-by-side recreational vehicles
`excluding specifically tires
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2748387
`
`Registration Date
`
`08/05/2003
`
`Application Date
`
`12/13/2001
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`AM GENERAL
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 037. First use: First Use: 1994/12/31 First Use In Commerce: 1994/12/31
`automobile repair, maintenance and servicing; repair, rebuilding, reconditioning,
`replacement and servicing of automobile engines, parts thereof and accessories
`thereto; information services in the field of automobile care, service, mainten-
`ance and repair
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`Application Date
`
`NONE
`
`NONE
`
`NONE
`
`AM GENERAL
`
`Vehicles, servicing and maintenance of vehicles, and sales of
`vehicles
`
`Attachments
`
`76348470#TMSN.png( bytes )
`Notice of Opposition - GENERAL.pdf(96806 bytes )
`
`Signature
`
`/Charlene M. Krogh/
`
`Name
`
`Date
`
`Charlene M. Krogh, CO Bar member since 2004 #35959
`
`09/16/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of U.S. Trademark Application Serial No. 88222875 for the mark GENERAL
`Published on March 19, 2019
`
`)
`AM General LLC
`)
`
`)
` Opposer,
`)
`
`)
` v.
`)
`
`)
`Polaris Industries Inc.
`)
`
`)
` Applicant.
`______________________________________________________________________
`
`Opposition No.
`
`
`
`
`
`NOTICE OF OPPOSITION
`______________________________________________________________________
`
`AM General LLC, a Delaware limited liability company having an address of 105 N.
`
`Niles Avenue, South Bend, Indiana 46617 (“Opposer”), believes it will be damaged by the
`
`registration of the mark GENERAL (the “Mark”) shown in Application Serial No. 88222875 (the
`
`“Application”), filed by Polaris Industries Inc. (the “Applicant”) on December 10, 2018, and
`
`having been granted an extension of time to oppose until September 15, 2019 (extended to
`
`September 16, 2019 under 37 C.F.R. § 2.196), hereby opposes the same.
`
`As grounds of opposition, Opposer alleges the following:
`
`1.
`
`Opposer is now, and has for many years, been engaged in design, manufacture,
`
`supply, and support of high-quality specialized vehicles for military and commercial customers.
`
`2.
`
`Related to its goods and services, Opposer uses the mark AM GENERAL in
`
`connection with, among other things, vehicles, servicing and maintenance of vehicles, and sales
`
`of vehicles. All of the foregoing goods and services are referred to herein as “Opposer’s Goods
`
`and Services.”
`
`4852-2033-9365\2
`
`

`

`
`Serial No.: 88222875
`Mark: GENERAL
`Page: 2
`
`
`
`3.
`
`Opposer has used the mark AM GENERAL continuously in U.S. commerce in
`
`connection with Opposer’s Goods and Services since at least as early as 1944 and, as a result,
`
`Opposer has acquired common law rights to the mark AM GENERAL.
`
`4.
`
`In addition to its common law rights, Opposer is the owner of incontestable
`
`United States trademark registration number 2748387 for the mark AM GENERAL for the
`
`services “mobile repair, maintenance and servicing; repair, rebuilding, reconditioning,
`
`replacement and servicing of automobile engines, parts thereof and accessories thereto;
`
`information services in the field of automobile care, service, maintenance and repair” in
`
`International Class 37 registered on August 5, 2003 (“Opposer’s Registration”).
`
`5.
`
`Opposer has expended substantial amounts of money, time and effort in
`
`advertising, promoting and popularizing Opposer’s AM GENERAL mark so that the relevant
`
`public and consumers have come to know and recognize Opposer’s Goods and Services branded
`
`under the AM GENERAL mark as originating with Opposer. Opposer derives substantial
`
`goodwill and value from the aforesaid recognition, association and identification by consumers,
`
`the industry, and the trade.
`
`6.
`
`Opposer’s rights are valid, subsisting, and in full force and effect. Opposer has
`
`used the mark AM GENERAL continuously since its adoption and has not abandoned the mark.
`
`7.
`
`Applicant filed the Application on December 10, 2018, for the mark GENERAL
`
`for use in connection with “off-road, side-by-side recreational vehicles excluding specifically
`
`tires” in International Class 12 The Application was filed under § 1(a) of the Lanham Act, 15
`
`U.S.C. § 1051(a), with a claimed first-use date of November 17, 2015.
`
`
`Opposer’s Ref. M281662 ~ 509501-5
`4852-2033-9365\2
`
`

`

`
`Serial No.: 88222875
`Mark: GENERAL
`Page: 3
`
`
`
`8.
`
`On information and belief, Opposer’s rights in the mark AM GENERAL predate
`
`both the filing of the Application and any use of the Mark by Applicant. Opposer therefore has
`
`priority.
`
`9.
`
`Applicant’s GENERAL mark is confusingly similar to Opposer’s AM GENERAL
`
`mark. The marks both contain the term GENERAL and differ only by two letters.
`
`10.
`
`The goods identified in the Application are identical, highly related, and
`
`complementary to the Opposer’s Goods and Services and the services covered by Opposer’s
`
`Registration and are likely to be advertised and sold in the same markets through the same
`
`channels of trade.
`
`11.
`
`Applicant’s use and registration of the Mark in connection with the goods in the
`
`Application are likely to cause confusion, to cause mistake, or to deceive, with respect to
`
`Opposer’s rights, and a registration for the Mark will support and assist Applicant in the
`
`confusing and misleading use of the Mark, and will give color of exclusive statutory rights to
`
`Applicant, all with consequent injury and damage to Opposer and the public.
`
`12.
`
`Accordingly, Applicant is not entitled to registration of the Mark pursuant to
`
`§ 2(d) of the Lanham Act, 15 U.S.C. §1052(d).
`
`WHEREFORE, Opposer believes that it will be damaged by registration of Applicant’s
`
`Mark and prays that this Notice of Opposition be sustained and that the registration sought by
`
`Applicant be denied.
`
`
`Opposer’s Ref. M281662 ~ 509501-5
`4852-2033-9365\2
`
`

`

`
`Serial No.: 88222875
`Mark: GENERAL
`Page: 4
`
`
`Dated: September 16, 2019
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`DORSEY & WHITNEY LLP
`
`By: /Charlene M. Krogh/
`Charlene M. Krogh
`Evan P. Everist
`1400 Wewatta Street, Suite 400
`Denver, Colorado 80202-5549
`Tel: (303) 629-3400
`Fax: (303) 629-3450
`krogh.charlene@dorsey.com
`everist.evan@dorsey.com
`
`
`
`ATTORNEYS FOR OPPOSER
`
`
`Opposer’s Ref. M281662 ~ 509501-5
`4852-2033-9365\2
`
`

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.

We are unable to display this document.

HTTP Error 500: Internal Server Error

Refresh this Document
Go to the Docket